The Ohio Board of Professional Conduct has issued two advisory opinions that replace opinions originally issued under the former Code of Judicial Conduct and the former Code of Professional Responsibility.

Advisory Opinion 2022-02 reminds judges of the Code of Judicial Conduct’s express prohibition against serving as leaders of county, state, or national political parties and similarly advises judges should avoid serving as leaders of political party clubs.  The opinion also concludes that judges cannot serve as members of a county board of election due to the prohibition in the Code against judges accepting government appointments that are not concerned with the law, the legal system, or the administration of justice. This opinion replaces Advisory Opinions 1990-08 and 1998-08.

Advisory Opinion 2022-03 analyzes the Rule of Professional Conduct prohibiting communication by a lawyer with a represented party in the context of a pending matter with a government agency. The Board advises that a lawyer’s communications with government officials and employees in a matter, including during a public meeting of the government, is permitted in limited circumstances when the lawyer’s client is exercising a constitutional right to petition the government.  The Board also advises that government lawyers may not assert a blanket representation of all government officials and employees in a matter and that private lawyers should tender settlement offers only to government counsel. This opinion replaces Advisory Opinion 1992-7.